Judge David Groner will hear the motion this afternoon in Wayne County Circuit Court.

But Kilpatrick's attorney, Michael Alan Schwartz, says Kilpatrick already disclosed that information, and he's asking that Judge Groner be removed from the case as a result of the disputed evidence.

Listen to Schwartz:

Speaking this morning to Frank Beckmann on WJR AM-760, Schwartz said that under Michigan courtroom rules, "a judge is disqualified when he has personal knowledge of disputed evidentiary facts concerning the proceeding."

And that's the case here, he said.

According to Schwartz, Worthy is claiming in her motion Kilpatrick failed to disclose any assets, but Judge Groner in February received a case report from the probation department that indicated Kilpatrick had provided it with "a list of accounts, house and automobile payment and other expense information."

He suggested Worthy's motion may be a case of "buyer's remorse" over the deal that resulted in Kilpatrick's relatively light punishment.

"It's mystifying to me why she would make statements like that when there's absolutely clear, unequivocal evidence from the probation department itself, that Judge Groner has, that shows he made all these disclosures way back in February."

Of course, Worthy probably wouldn't be going after the information if Kilpatrick hadn't "unilaterally" cut in half his restitution payment to the city.

Schwartz said Judge Groner himself agreed that after the first six months, Kilpatrick's payments would be adjusted to 30 percent of his gross income.

Assuming Kilpatrick did in fact provide financial information in February, the obvious question is, "Does that information allow the court to determine what 30 percent of his gross income is in September?"

Hopefully, we'll find out today. The hearing is scheduled for today at 2 p.m.